Police ready for protest at Logan funeral

Willis police are “prepared to respond” to protestors who plan on picketing at the funeral today of Marine Cpl. Joseph Logan, who died in Afghanistan Jan. 19.

Logan’s funeral begins at 3 p.m. today at the North Montgomery County Community Center, located at 600 Gerald in Willis.

A group of six members from the Westboro Baptist Church in Kansas, who protest at funerals nationwide of military men and women killed in action, will be present at the intersection of Gerald Street and Longstreet Road, a spokeswoman for the church said. The group wishes to express its First Amendment rights, she said.

Update (2/1-5:30pm): According to Willis Police Chief James Nowak, the Westboro Baptist Church protestors did not show up before or during the funeral of Marine Cpl. Joseph Logan. Nowak said the only protestors present at the arranged location were "counter-protestors," who set up across the street. The funeral proceedings took place without any disruptive issues, he said.

“The Willis Police Department will protect the First Amendment rights of all persons,” Willis Police Chief James Nowak stated in an email Tuesday to The Courier, “but will also enforce the laws of the state of Texas.”

Peaceful protesting does not violate any laws, but Nowak cited the Funeral Service Disruption law in Chapter 42.055 of the Texas Penal Code. It prohibits picketing within 1,000 feet of a facility or cemetery being used for a funeral three hours before or three hours after the service.

A violation of this section, which was amended last year by the Texas Legislature, is a Class B misdemeanor.

Montgomery County Attorney David Walker said the county does not require protestors or demonstrators to request a permit for any public gathering unless it involves food or drink, in which the Health Department would become involved.

The City of Willis has no ordinances requiring permits for protests, according to the city’s website.

In his time with the police department, Nowak said he has not seen or dealt with protests at funerals, specifically military funerals. Officials plan to “wait and see what happens,” he said, and respond accordingly.

His department assumes “that everybody is armed” in any situation, he said, and police will proceed with their usual caution. Two patrol officers will be present along with the chief, and other law enforcement agencies will be on standby.

Although the Montgomery County Sheriff’s Office is not planning a special response, Lt. Dan Norris stated in an email, “if there is a need for law enforcement intervention,” deputies will respond.

Precinct 2 Constable Gene DeForest took a similar stance.

“This family has given the ultimate sacrifice in their son,” DeForest said. “This man (Logan) has not done anything his government hasn’t asked him to do.

“If they (Willis PD) ask us for help, we would do anything for those people and will be there for sure.”

Both Noack and DeForest said they are not familiar with similar protests at previous funerals of military members in Montgomery County.